To amend sections 4513.60, 4513.61, 4513.64, 4921.25, and 4923.99 and to enact sections 4513.601, 4513.602, 4513.67, 4921.251, and 4921.252 of the Revised Code to revise the procedures and penalties governing the towing of motor vehicles and to require the Public Utilities Commission to adopt certain rules regarding a for-hire motor carrier engaged in towing.

Section 1. That sections 4513.60, 4513.61, 4513.64, 4921.25, and 4923.99 be amended and sections 4513.601, 4513.602, 4513.67, 4921.251, and 4921.252 of the Revised Code be enacted to read as follows:

Sec. 4513.60.  (A)(1) The sheriff of a county or chief of police of a municipal corporation, township, or township or joint police district, within the sheriff's or chief's respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The sheriff or chief of police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the sheriff or chief of police. When ordering a motor vehicle into storage pursuant to this division, a sheriff or chief of police, whenever possible, shall arrange do both of the following:

(a) Arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject service; and

(b) Designate a place of storage that meets all of the following requirements:

(i) It is conveniently located.

(ii) It is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the motor vehicle is located at the time of removal.

(iii) It accepts major credit cards for the payment of the applicable fees.

(2) A towing service towing a motor vehicle under division (A)(1) of this section shall remove the motor vehicle in accordance with that division and in accordance with applicable rules of the public utilities commission adopted under section 4921.25 of the Revised Code. The towing service shall deliver the motor vehicle to the location designated by the sheriff or chief of police not more than two hours after the time it is removed from the private property.

(3) Subject to division (C)(B) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (E)(D) of this section.

(2) Divisions (A)(1) to (3) of this section do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with division (B) of this section.

(3)(4) As used in divisions (A)(1) and (2) of this section, "private residential property" means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.

(B)(1) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:

(a) The owner posts on the owner's property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:

(i) A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;

(ii) The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;

(iii) A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars, and a storage charge, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer.

(b) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located.

(2) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (B)(1) of this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or the owner's agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in division (B)(1)(a)(iii) of this section, and the owner, subject to division (C) of this section, may recover a vehicle that has been so removed only in accordance with division (E) of this section.

(3) If a municipal corporation requires tow trucks and tow truck operators to be licensed, no owner of private property located within the municipal corporation shall remove, or shall cause the removal and storage of, any vehicle pursuant to division (B)(2) of this section by an unlicensed tow truck or unlicensed tow truck operator.

(4) Divisions (B)(1) to (3) of this section do not affect or limit the operation of division (A) of this section or sections 4513.61 to 4513.65 of the Revised Code as they relate to property other than private property that is established as a private tow-away zone under division (B)(1) of this section.

(C) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is being removed under authority of division (B)(2) of this section arrives after the motor vehicle or vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the owner or operator shall be given the opportunity to oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the charge fee for the removal of the motor vehicles under division (A)(1) of this section or of vehicles under division (B)(2) of this section, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal vehicle established by the public utilities commission in rules adopted under section 4921.25 of the Revised Code, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, which may be made by use of a major credit card, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the motor vehicle or vehicle shall be released to the owner or operator, and upon. Upon its release, the owner or operator immediately shall move it so that:

(1) If the motor vehicle was ordered into storage pursuant to division (A)(1) of this section, it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.

(2) If the vehicle was being removed under authority of division (B)(2) of this section, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.

(D)(1) If an owner of private property that is established as a private tow-away zone in accordance with division (B)(1) of this section or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of division (B)(2) of this section, the owner or agent promptly shall notify the police department of the municipal corporation, township, or township or joint police district in which the property is located, of the removal, the vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.

(2) If the vehicle owner or operator is present with the motor vehicle and is not incapacitated, or arrives before the motor vehicle has been prepared for removal, the sheriff or chief of police shall allow the vehicle owner or operator the opportunity to arrange for the removal of the vehicle within a period of time specified by the sheriff or chief of police. If the vehicle owner or operator does not arrange for the removal of the vehicle or if the sheriff or chief of police determines that the vehicle has not been removed within the specified period of time, the sheriff or chief of police shall order the removal of the vehicle in accordance with this section.

(3) As used in division (B) of this section:

(a) "Motor vehicle has been prepared for removal" means the vehicle has been loaded onto a tow vehicle or any part of the vehicle has been placed upon or connected in any manner to an assembly that is connected to the tow vehicle that enables the tow vehicle to tow the vehicle.

(b) "Prior to its actual removal from the property" means, after a motor vehicle has been prepared for removal, any part of the motor vehicle that is being towed or any part of the tow vehicle, including a tire and wheel assembly, is on the property from which the motor vehicle is being towed.

(C)(1) Each county sheriff and each chief of police of a municipal corporation, township, or township or joint police district shall maintain a record of motor vehicles that the sheriff or chief orders into storage pursuant to division (A)(1) of this section and of vehicles removed from private property in the sheriff's or chief's jurisdiction that is established as a private tow-away zone of which the sheriff or chief has received notice under division (D)(1) of this section. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any A sheriff or chief of police shall provide any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.

(3)(2) Any person who registers a complaint that is the basis of a sheriff's or police chief's order for the removal and storage of a motor vehicle under division (A)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.

(E)(D)(1) The owner or lienholder of a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is removed under authority of division (B)(2) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars, and storage, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer. Presentation of presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. If and payment of all applicable fees in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(2) A towing service or storage facility in possession of a motor vehicle that is ordered into storage under division (A)(1) of this section shall give the motor vehicle owner, operator, or lienholder who contests the removal of the vehicle written notice that if the owner, operator, or lienholder disputes that the motor vehicle was lawfully towed, the owner, operator, or lienholder may contact the public utilities commission about the options for contesting the tow, including mediation and legal action.

(3) Upon presentation of proof of ownership in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code, the owner of a motor vehicle that is ordered into storage under division (A)(1) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. However, the owner may not retrieve any personal item that has been determined by the sheriff or chief of police, as applicable, to be necessary to a criminal investigation. For purposes of division (D)(3) of this section, "personal items" do not include any items that are attached to the motor vehicle.

(4) If a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section remains unclaimed by the owner for thirty days, the procedures established by sections 4513.61 and 4513.62 of the Revised Code shall apply.

(F)(E)(1) No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under division (B)(1) of this section other than in accordance with division (B)(2) of this section, and no person shall remove, or cause the removal of, any motor vehicle from any other private residential or private agricultural property other than in accordance with division (A)(1) of this section or sections 4513.61 to 4513.65 of the Revised Code.

(2) No towing service or storage facility shall fail to provide the written notice in accordance with division (D)(2) of this section.

(3) No towing service or storage facility shall charge or collect any fee that exceeds the maximum applicable fee established by the public utilities commission under section 4921.25 of the Revised Code, charge or collect any fee that is not authorized by the public utilities commission under that division, or refuse to accept a major credit card for the payment of the applicable fees.

(4) No towing service or storage facility shall refuse to allow the owner of a vehicle to retrieve personal items from the vehicle in accordance with division (D)(3) of this section or charge or collect any fee related to the retrieval of such personal items.

(5) No towing service that is removing a vehicle under this section shall fail to inform a vehicle owner or operator of the opportunity to pay a reduced fee under division (B) of this section if the vehicle owner or operator arrives after the motor vehicle or vehicle has been prepared for removal, but prior to its actual removal from the property.

(6) No towing service shall fail to display the business telephone number of the towing service on both sides of the towing vehicle in accordance with rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(F) This section does not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with section 4513.601 of the Revised Code.

(G) Whoever The owner of any towing service or storage facility that violates division (B)(3) or (F)(E) of this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third or subsequent offense.

(H) In addition to any penalty imposed under division (G) of this section, any for-hire motor carrier engaged in the towing of motor vehicles who violates division (E) of this section is subject to sanctions imposed by the public utilities commission by rule adopted under section 4921.25 of the Revised Code.

Sec. 4513.601.  (A) The owner of private property may establish a private tow-away zone, but may do so only if all of the following conditions are satisfied:

(1) The owner posts on the owner's property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that includes all of the following information:

(a) A statement that the property is a tow-away zone;

(b) A description of persons authorized to park on the property. If the property is a residential property, the owner of the private property may include on the sign a statement that only tenants and guests may park in the private tow-away zone, subject to the terms of the property owner. If the property is a commercial property, the owner of the private property may include on the sign a statement that only customers may park in the private tow-away zone. In all cases, if it is not apparent which persons may park in the private tow-away zone, the owner shall include on the sign the address of the property on which the private tow-away zone is located or the name of the business which is located on the property designated as a private tow-away zone.

(c) If the private tow-away zone is not enforceable at all times, the times during which the parking restrictions are enforced;

(d) The telephone number and the address of the place from which a towed vehicle may be recovered at any time during the day or night;

(e) The telephone number and web site of the public utilities commission and a statement that if a person disputes the tow, the person may contact the commission.

The owner of property that has been established as a private tow-away zone under section 4513.60 of the Revised Code as that section existed prior to the effective date of this section may retain existing private tow-away zone signs that comply with that section for up to five years after the effective date of this section. At any time, in order to comply with the requirements of division (B)(1) of this section, such a property owner may modify the existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.

(2) All of the following apply to the place to which a towed vehicle may be taken and from which it may be recovered:

(a) It is located within twenty linear miles of the location of the private tow-away zone, unless it is not practicable to take the vehicle to a place of storage within twenty linear miles.

(b) It is well lighted.

(c) It is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located.

(3) The towing service and storage facility used by the owner of the private property that is established as a private tow-away zone accepts major credit cards for payment of all applicable charges at the location of the private tow-away zone prior to the actual removal of the vehicle from the property as specified under division (C) of this section, as well as at the storage facility to which the vehicle is removed.

(B)(1) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (A) of this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner may cause the removal of the vehicle by a towing service pursuant to a written contract for the removal of vehicles so long as the contract contains all terms that are required by the public utilities commission under section 4921.25 of the Revised Code. The towing service shall remove the vehicle in accordance with this section and in accordance with applicable rules of the public utilities commission adopted under section 4921.25 of the Revised Code governing vehicle removal by a for-hire motor carrier. The vehicle owner and the operator of the vehicle are considered to have consented to the removal and storage of the vehicle and to the payment of the applicable fees so long as those fees do not exceed the maximum applicable fees established in rules adopted by the public utilities commission under section 4921.25 of the Revised Code. The owner or lienholder of a vehicle that has been removed under this section, subject to division (C) of this section, may recover the vehicle in accordance with division (F) of this section.

(2) If a municipal corporation requires tow trucks and tow truck operators to be licensed, no owner of private property located within the municipal corporation shall cause the removal and storage of any vehicle pursuant to division (B) of this section by an unlicensed tow truck or unlicensed tow truck operator.

(C)(1) If the owner or operator of a vehicle that is being removed under authority of division (B) of this section arrives after the vehicle has been prepared for removal, but prior to its actual removal from the property, the towing service shall give the vehicle owner or operator oral or written notification at the time of such arrival that the vehicle owner or operator may pay a fee of not more than one-half of the fee for the removal of the vehicle established by the public utilities commission in rules adopted under section 4921.25 of the Revised Code in order to obtain release of the vehicle. Upon payment of that fee, which may be made by use of a major credit card, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move the vehicle so that the vehicle is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.

(2) As used in division (C) of this section:

(a) "Vehicle has been prepared for removal" means the vehicle has been loaded onto a tow vehicle or any part of the vehicle has been placed upon or connected in any manner to an assembly that is connected to the tow vehicle that enables the tow vehicle to tow the vehicle.

(b) "Prior to its actual removal from the property" means, after a vehicle has been prepared for removal, any part of the vehicle that is being towed or any part of the tow vehicle, including a tire and wheel assembly, is on the property from which the vehicle is being towed.

(D)(1) Prior to towing a vehicle under division (B) of this section, a towing service shall make all reasonable efforts to take as many photographs as necessary to evidence that the vehicle is clearly parked on private property in violation of a private tow-away zone established under division (A) of this section.

The towing service shall record the time and date of the photographs taken under this section. The towing service shall retain the photographs and the record of the time and date, in electronic or printed form, for at least thirty days after the date on which the vehicle is recovered by the owner or lienholder or at least two years after the date on which the vehicle was towed, whichever is earlier.

(2) A towing service shall deliver a vehicle towed under division (B) of this section to the location from which it may be recovered not more than two hours after the time it was removed from the private tow-away zone.

(E)(1) If an owner of private property that is established as a private tow-away zone in accordance with division (A) of this section causes the removal of a vehicle from that property by a towing service pursuant to a written contract under division (B) of this section, the towing service, within two hours of removing the vehicle, shall provide notice to the sheriff of the county or the police department of the municipal corporation, township, or township or joint police district in which the property is located concerning all of the following:

(a) The vehicle's license number, make, model, and color;

(b) The location from which the vehicle was removed;

(c) The date and time the vehicle was removed;

(d) The telephone number of the person from whom the vehicle may be recovered;

(e) The address of the place from which the vehicle may be recovered.

(2) Each county sheriff and each chief of police of a municipal corporation, township, or township or joint police district shall maintain a record of any vehicle removed from private property in the sheriff's or chief's jurisdiction that is established as a private tow-away zone of which the sheriff or chief has received notice under this section. The record shall include all information submitted by the towing service. Any information in the record that pertains to a particular vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner, operator, or lienholder of the vehicle and requests information pertaining to the location of the vehicle.

(F)(1) The owner or lienholder of a vehicle that is removed under authority of division (B) of this section may reclaim it upon presentation of proof of ownership and payment of all applicable fees in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(2) A towing service or storage facility in possession of a motor vehicle that is removed under authority of division (B) of this section shall show the vehicle owner, operator, or lienholder who contests the removal of the vehicle all photographs taken under division (D) of this section. Upon request, the towing service or storage facility shall provide copies of all photographs in the medium in which the photographs are stored, whether paper, electronic, or otherwise. The towing service or storage facility also shall give written notice to the owner, operator, or lienholder stating that if the owner, operator, or lienholder disputes that the vehicle was lawfully towed, the owner, operator, or lienholder may contact the public utilities commission about the options for contesting the tow, including mediation and legal action.

(3) Upon presentation of proof of ownership in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code, the owner of a vehicle that is removed under authority of division (B) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. For purposes of division (F)(3) of this section, "personal items" do not include any items that are attached to the vehicle.

(G)(1) No towing service or storage facility shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under this section or store such a vehicle other than in accordance with this section and applicable rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(2) No towing service or storage facility shall fail to show or provide photographs to a vehicle owner, operator, or lienholder who contests the removal of a vehicle or fail to provide the written notice in accordance with division (F)(2) of this section.

(3) No towing service or storage facility shall charge or collect any fee that exceeds the maximum applicable fee established by the public utilities commission under section 4921.25 of the Revised Code, charge or collect any fee that is not authorized by the public utilities commission under that division, or refuse to accept a major credit card for the payment of the applicable fees.

(4) No towing service or storage facility shall refuse to allow the owner of a vehicle to retrieve personal items from the vehicle in accordance with division (F) of this section or charge or collect any fee related to the retrieval of such personal items.

(5) No towing service that is removing a vehicle under this section shall fail to inform a vehicle owner or operator of the opportunity to pay a reduced fee under division (C) of this section if the vehicle owner or operator arrives after the motor vehicle or vehicle has been prepared for removal, but prior to its actual removal from the property.

(6) No towing service shall fail to display the business telephone number of the towing service on both sides of the towing vehicle in accordance with rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(7) No towing service shall offer, and no property owner shall accept, any compensation, financial or otherwise, in exchange for the authorization of the towing service to remove vehicles from a private tow-away zone.

(H) This section does not affect or limit the operation of section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code as they relate to property other than private property that is established as a private tow-away zone under division (A) of this section.

(I) The owner of any towing service or storage facility or property owner that violates any applicable provision of division (G) of this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third or subsequent offense.

(J) In addition to any penalty imposed under division (I) of this section, any for-hire motor carrier engaged in the towing of motor vehicles who violates division (G) of this section is subject to sanctions imposed by the public utilities commission by rule adopted under section 4921.25 of the Revised Code.

Sec. 4513.602. (A) In any circumstance in which a motor vehicle is removed by a towing service pursuant to a contract with a municipal corporation, county, or township and the removal is not performed under section 4513.60 or 4513.61 of the Revised Code, the towing service or storage facility shall do all of the following as applicable:

(1) Remove the vehicle in accordance with the applicable rules of the public utilities commission adopted under section 4921.25 of the Revised Code that govern vehicle removal by a for-hire motor carrier;

(2) Impose fees for the removal and storage of a vehicle only in accordance with rules adopted by the public utilities commission under section 4921.25 of the Revised Code and accept major credit cards for payment of all such fees;

(3)(a) Give a vehicle owner or operator who arrives after the vehicle has been prepared for removal, but prior to its actual removal, oral or written notification of both of the following:

(i) That the owner or operator may obtain the immediate release of the vehicle;

(ii) That immediate release of the vehicle is conditioned on the payment of a fee of not more than one-half of the fee for the removal of a motor vehicle established by the public utilities commission under section 4921.25 of the Revised Code.

Upon payment of that fee, which may be made by use of a major credit card, the towing service shall give the vehicle owner or operator a receipt showing both the full amount normally assessed and the actual amount received and shall release the vehicle to the owner or operator. Upon its release, the owner or operator immediately shall move it from the location where it was ordered into storage to a place where it is not subject to removal.

(b) As used in division (A)(3)(a) of this section:

(i) "Vehicle has been prepared for removal" means the vehicle has been loaded onto a tow vehicle or any part of the vehicle has been placed upon or connected in any manner to an assembly that is connected to the tow vehicle that enables the tow vehicle to tow the vehicle.

(ii) "Prior to its actual removal" means that all tasks necessary to remove the vehicle have been completed but the vehicle has not yet been moved.

(4) Make all reasonable efforts to take as many photographs as necessary to evidence that the vehicle is clearly parked in violation of a posted parking restriction or any other applicable ordinance or resolution of the municipal corporation, county, or township.

The towing service also shall record the time and date of the photographs. The towing service shall retain the photographs and record, in electronic or printed form, for at least thirty days after the date on which the vehicle is recovered by the owner or lienholder or at least two years from the date on which the vehicle was towed whichever is earlier.

(5) Deliver the vehicle to the location from which it may be recovered not more than two hours after the time it was removed.

(6) Ensure that all of the following apply to the place from which the vehicle may be recovered:

(a) It is conveniently located.

(b) It is well lighted.

(c) It is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the vehicle is located at the time of removal.

(d) It accepts major credit cards for the payment of all applicable charges.

(B)(1) The owner or lienholder of a vehicle may reclaim the vehicle under this section upon payment of the applicable fees and presentation of proof of ownership in conformance with rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(2) A towing service or storage facility in possession of a motor vehicle that was removed under division (A) of this section shall show the vehicle owner, operator, or lienholder who contests the removal of the vehicle all photographs taken under division (A)(4) of this section. Upon request, the towing service or storage facility shall provide copies of all photographs in the medium in which the photographs are stored, whether paper, electronic, or otherwise. The towing service or storage facility also shall give written notice to the owner, operator, or lienholder stating that if the owner, operator, or lienholder disputes that the vehicle was lawfully towed, the owner, operator, or lienholder may contact the public utilities commission about the options for contesting the tow, including mediation and legal action.

(3) Upon presentation of proof of ownership in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code, the owner of a vehicle that is removed under division (A) of this section may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. For purposes of division (B)(3) of this section, "personal items" do not include any items that are attached to the vehicle.

(C) No towing service or storage facility shall fail to comply with the requirements of this section. A towing service that is required to take vehicles towed under this section to a public impound lot pursuant to a written contract is not in violation of division (A)(6) of this section if the public impound lot fails to comply with that division.

(D) The owner of any towing service that violates division (C) of this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third or subsequent offense.

(E) In addition to any penalty imposed under division (D) of this section, any for-hire motor carrier engaged in the towing of motor vehicles who violates division (C) of this section is subject to sanctions imposed by the public utilities commission by rule adopted under section 4921.25 of the Revised Code.

Sec. 4513.61. (A)(1) The sheriff of a county or chief of police of a municipal corporation, township, or township or joint police district, within the sheriff's or chief's respective territorial jurisdiction, or a state highway patrol trooper, upon notification to the sheriff or chief of police of such action and of the location of the place of storage, may order into storage any motor vehicle, including an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code, that has come into the possession of the sheriff, chief of police, or state highway patrol trooper as a result of the performance of the sheriff's, chief's, or trooper's duties or that has been left on a public street or other property open to the public for purposes of vehicular travel, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer without notification to the sheriff or chief of police of the reasons for leaving the motor vehicle in such place, except that when such a motor vehicle constitutes an obstruction to traffic it may be ordered into storage immediately. The Subject to division (C) of this section, the sheriff or chief of police shall designate the place of storage of any motor vehicle so ordered removed.

(2) If the vehicle owner or operator is present with the motor vehicle and is not incapacitated, or arrives before the sheriff, chief of police, or state highway patrol trooper has ordered the vehicle into storage, the sheriff, chief of police, or state highway patrol trooper shall allow the vehicle owner or operator the opportunity to arrange for the removal of the vehicle within a period of time specified by the sheriff, chief of police, or state highway patrol trooper. However, the sheriff, chief of police, or state highway patrol trooper is not required to allow a vehicle owner or operator the opportunity to arrange for the removal of the vehicle if the vehicle is being taken into the custody of law enforcement. If the vehicle owner or operator does not arrange for the removal of the vehicle, if the sheriff or chief of police determines that the vehicle has not been removed within the specified period of time, or if the vehicle is being taken into the custody of law enforcement, the sheriff, chief of police, or state highway patrol trooper shall order the removal of the vehicle in accordance with this section.

(B) If the sheriff, chief of police, or a state highway patrol trooper issues an order under division (A) of this section and arranges for the removal of a motor vehicle by a towing service, the towing service or storage facility in possession of the motor vehicle shall do all of the following as applicable:

(1) Remove the motor vehicle in accordance with applicable rules of the public utilities commission adopted under section 4921.25 of the Revised Code governing vehicle removal by a for-hire motor carrier;

(2) In addition to the fee authorized under division (D)(3) of this section, impose fees for the removal and storage of a motor vehicle only in accordance with rules adopted by the public utilities commission under section 4921.25 of the Revised Code and accept major credit cards for payment of all such fees;

(3) Deliver a vehicle to the location designated by the sheriff or chief of police not more than two hours after the time it was removed.

(C) The sheriff, chief of police, or a state highway patrol trooper designating a place of storage for a motor vehicle ordered removed under division (A) of this section, whenever possible, shall ensure that the place of storage meets all of the following requirements:

(1) It is conveniently located.

(2) It is well lighted.

(3) It is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township from which the vehicle was removed.

(4) It accepts major credit cards for payment of all applicable charges.

(D)(1) The sheriff or chief of police immediately shall cause a search to be made of the records of the bureau of motor vehicles to ascertain the identity of the owner and any lienholder of a motor vehicle ordered into storage by the sheriff or chief of police, or by a state highway patrol trooper, and, if known,. Upon obtaining such identity, the sheriff or chief of police shall send or cause to be sent notice to the owner or lienholder at the owner's or lienholder's last known address by certified mail with return receipt requested, notice that informs the owner or lienholder that the motor vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The

(2) The owner or lienholder of the motor vehicle may reclaim it the motor vehicle upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle and payment of applicable fees in conformance with the rules adopted by the public utilities commission under section 4921.25 of the Revised Code. If the vehicle owner, operator, or lienholder contests the removal of the vehicle, the towing service or a storage facility shall give the motor vehicle owner, operator, or lienholder written notice that the owner, operator, or lienholder may contact the public utilities commission about the options for contesting the tow, including mediation and legal action. Upon presentation of proof of ownership, the owner of the motor vehicle also may retrieve any personal items from the vehicle without retrieving the vehicle and without paying any fee. If However, the owner may not retrieve any personal item that has been determined by the sheriff or chief of police, as applicable, to be necessary to a criminal investigation. For purposes of division (D)(2) of this section, "personal items" do not include any items that are attached to the vehicle.

(3) If the owner or lienholder of the motor vehicle reclaims it after a search of the records of the bureau has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the owner of the place of storage or the owner's employee, and the notice was sent to the motor vehicle owner by the owner of the place of storage or the owner's employee, the owner or lienholder shall pay to the place of storage a processing fee of twenty-five dollars, in addition to any expenses or charges incurred in the removal and storage of the vehicle the applicable fees established in rules adopted by the public utilities commission under section 4921.25 of the Revised Code.

(E) If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of mailing of the notice, and if the vehicle is to be disposed of at public auction as provided in section 4513.62 of the Revised Code, the sheriff or chief of police, without charge to any party, shall file with the clerk of courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens and encumbrances, to the sheriff or chief of police. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility as provided in section 4513.62 of the Revised Code, the sheriff or chief of police shall execute in triplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with. The sheriff or chief of police shall retain the original of the affidavit for the sheriff's or chief's records, and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer, the clerk of courts, within thirty days of the presentation, shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.

(F) Whenever a motor vehicle salvage dealer or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, the dealer or facility shall not be required to obtain an Ohio certificate of title to the motor vehicle in the dealer's or facility's own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the clerk of courts.

(G) No towing service shall remove a vehicle other than in accordance with division (B) of this section. No storage facility shall store a vehicle other than in accordance with the requirements of division (C) of this section.

(H) The owner of any towing service or storage facility that violates division (G) of this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third or subsequent offense.

(I) In addition to any penalty imposed under division (H) of this section, any for-hire motor carrier engaged in the towing of motor vehicles who violates division (G) of this section is subject to sanctions imposed by the public utilities commission by rule adopted under section 4921.25 of the Revised Code.

Sec. 4513.64.  (A) No person shall willfully leave an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code on private property for more than seventy-two hours without the permission of the person having the right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for forty-eight hours or longer without notification to the sheriff of the county or chief of police of the municipal corporation, township, or township or joint police district of the reasons for leaving the motor vehicle in such place.

For purposes of this section, the fact that a motor vehicle has been so left without permission or notification is prima-facie evidence of abandonment.

Nothing contained in sections 4513.60, 4513.601, 4513.61, and 4513.63 of the Revised Code shall invalidate the provisions of municipal ordinances or township resolutions regulating or prohibiting the abandonment of motor vehicles on streets, highways, public property, or private property within municipal corporations or townships.

(B) Whoever violates this section is guilty of a minor misdemeanor and shall also be assessed any costs incurred by the county, township, joint police district, or municipal corporation in disposing of the abandoned junk motor vehicle that is the basis of the violation, less any money accruing to the county, township, joint police district, or municipal corporation from this disposal of the vehicle.

Sec. 4513.67. (A)(1) A storage facility that accepts for storage vehicles towed under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code shall conspicuously post a notice at the entrance to the storage facility that states the telephone number at which the owner or lienholder of a vehicle may contact the owner or a representative of the storage facility at any time. The owner of the storage facility also shall provide that telephone number to the sheriff of a county or chief of police of a municipal corporation, township, or township or joint police district. The owner of the storage facility shall ensure that a process is in place for purposes of answering calls at all times day or night.

(2) After receiving a call from the owner or lienholder of a vehicle who seeks to recover the vehicle, the owner of the storage facility shall ensure that, within three hours of receiving the phone call, a representative of the storage facility is available to release the vehicle upon being presented with proof of ownership of the vehicle and payment of all applicable fees in accordance with section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code.

(B) No owner of a storage facility shall fail to comply with division (A) of this section.

(C) Except as otherwise provided in this division, this section shall be enforced pursuant to the requirements and procedures specified in section 4921.251 of the Revised Code. If the public utilities commission determines that the owner of a storage facility has failed to comply with the requirements of division (A) of this section, the commission shall impose a fine of one hundred dollars on the first offense, one hundred fifty dollars on the second offense, and two hundred dollars on the third or subsequent offense. The fine shall be deposited into the public utilities safety fund created in section 4921.21 of the Revised Code.

Sec. 4921.25. (A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, that is engaged in the towing of motor vehicles is subject to regulation by the public utilities commission as a for-hire motor carrier under this chapter. Such an entity is not subject to any ordinance, rule, or resolution of a municipal corporation, county, or township that provides for the licensing, registering, or regulation of entities that tow motor vehicles.

(B) The commission shall adopt rules under Chapter 111. of the Revised Code that do all of the following:

(1) Establish the acceptable scope of consumer protection and public safety regulations applicable to a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code that a county or township may adopt pursuant to a resolution;

(2)(a) Establish the following fees that may be charged by a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code:

(i) For five years after the effective date of this amendment, a maximum fee for the removal of a vehicle of ninety dollars; or for a vehicle that has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds that is a truck, bus, or a combination of commercial tractor and trailer or semitrailer, a maximum fee of one hundred fifty dollars;

(ii) For five years after the effective date of this amendment, a maximum storage fee of twelve dollars per twenty-four-hour period, except the first twenty-four-hour period during which no fee shall be assessed; or for a vehicle that has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds that is a truck, bus, or a combination of commercial tractor and trailer or semitrailer, a maximum storage fee of twenty dollars per twenty-four-hour period, except the first twenty-four-hour period during which no fee shall be assessed;

(iii) Any other fees as determined by the commission in addition to the maximum vehicle removal and storage fees. The commission shall establish a maximum amount that may be charged for each type of fee established by the commission under division (B)(2)(a)(iii) of this section.

(b) Beginning five years after the effective date of this amendment, the commission may revise the maximum vehicle removal and storage fees established under divisions (B)(2)(a)(i) and (ii) of this section. The commission may modify the fees established under division (B)(2)(a)(iii) of this section at any time.

(c) The commission shall conduct a review of the fees established by the commission every five years beginning five years after the effective date of this amendment.

(d) The commission shall ensure that all fees established under division (B)(2) of this section are fair, reasonable, and nondiscriminatory.

(3) Require the display of the business telephone number of a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code on both sides of a vehicle used by the motor carrier to tow other vehicles. The rules shall require the telephone number to be displayed in a manner that is readily legible and consistent with applicable markings required under federal law for a commercial motor vehicle.

(4) Establish safety standards for the type of equipment necessary to safely remove and tow vehicles based on the type of vehicle being removed or towed;

(5) Establish standards for the removal of a vehicle from a private tow-away zone by a for-hire motor carrier engaged in the towing of motor vehicles in addition to standards and requirements established under section 4513.601 of the Revised Code. The standards may vary based on whether the private tow-away zone is located on residential, retail, or other commercial property.

(6) Establish minimum terms that must be part of a written contract between a property owner and a towing service in order for the towing service to remove a vehicle under section 4513.601 of the Revised Code, including all of the following:

(a) The circumstances under which a towing service may remove vehicles from the private tow-away zone;

(b) The hours during which the towing service may remove vehicles from the private tow-away zone;

(c) A description of the area in which the towing restrictions may be enforced.

(7) Determine which documents may be used by the owner or lienholder of a vehicle to establish proof of ownership of a vehicle for purposes of recovering the vehicle when the vehicle has been towed under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code;

(8) Establish a procedure for any vehicle owner or lienholder, or any company that insures the vehicle, to file a complaint against a for-hire motor carrier engaged in the towing of motor vehicles alleging a violation of section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code;

(9) Establish procedures and requirements governing mediation and arbitration conducted under section 4921.251 of the Revised Code;

(10) Establish a schedule of sanctions to be imposed on a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code for a violation of any of those sections or a rule adopted under this section, that may include a monetary fine and, in the manner provided in section 4921.07 of the Revised Code, the suspension or revocation of the certificate of public convenience and necessity issued to the for-hire motor carrier. Any monetary fines collected pursuant to division (B)(10) of this section shall be deposited in the public utilities transportation safety fund created in section 4921.21 of the Revised Code and shall be utilized only for purposes of administering the duties of the commission under this section and section 4921.251 of the Revised Code.

(11) Adopt any other rules necessary to carry out the purposes of this section.

(C) No person shall knowingly falsify or fail to submit any information required to be submitted to the commission under this section or a rule adopted under it.

Sec. 4921.251.  (A)(1) A person whose vehicle has been towed and who disputes some aspect of the removal by the towing service due to an alleged violation of section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code or an applicable rule established under section 4921.25 of the Revised Code may request the public utilities commission to facilitate mediation between the vehicle owner and the towing service. The commission shall request the towing service to participate in the mediation hearing.

(2) If the towing service agrees to participate in the mediation hearing, the commission shall hold the hearing as expeditiously as possible, at a time and location determined by the commission. During the hearing, the commission shall mediate the dispute between the person and the towing service and attempt to reach a conclusion that is satisfactory to both parties.

(3) The commission shall conduct the mediation in accordance with rules adopted under section 4921.25 of the Revised Code.

(B)(1) If mediation conducted under division (A) of this section does not reach a conclusion satisfactory to the person whose motor vehicle was towed or if the towing service refused to participate in the mediation, the person may submit a written request to the commission in accordance with rules adopted under section 4921.25 of the Revised Code for arbitration before the public utilities commission. The towing service shall participate in the requested arbitration. The commission shall conduct an arbitration hearing in accordance with procedures established in rules adopted under section 4921.25 of the Revised Code.

(2) Upon completion of the arbitration hearing, the commission shall deliver to the person who requested arbitration and the towing service a written statement of the arbitration decision regarding the dispute. Both parties to the arbitration shall abide by the arbitration decision. If the commission determines that the towing service violated section 4513.60, 4513.601, 4513.602, or 4513.61 of the Revised Code or rules adopted under section 4921.25 of the Revised Code, the commission shall require, as part of the arbitration decision, that the towing service pay a fine of at least two times the amount of the fees collected from the vehicle owner. The fine shall be remitted to the vehicle owner in the manner provided by the commission.

(3) The court of common pleas of Franklin county shall enforce the arbitration decision upon petition by either party to the arbitration. Either party to the arbitration decision may appeal the arbitration decision to the court of appeals of Franklin county.

(C) Under this section, a person whose vehicle has been towed may dispute whether the vehicle was actually removed pursuant to an order by law enforcement, but may not challenge whether such an order was in conformance with section 4513.60 or 4513.61 of the Revised Code. This section does not require the law enforcement officer who ordered a tow pursuant to section 4513.60 or 4513.61 of the Revised Code to appear for mediation or arbitration.

(D) For purposes of this section, "person whose vehicle has been towed" includes an issuer of a policy of motor vehicle insurance covering the towed vehicle.

Sec. 4921.252.  (A)(1) There is hereby established the motor vehicle towing advisory council. The council shall consist of the following members:

(a) One representative from a towing company that engages in heavy duty towing;

(b) One representative from a towing company that engages in light duty towing;

(c) One representative from a towing company that engages in towing from private property;

(d) One representative from a statewide organization representing the towing and recovery industry;

(e) One representative from a law enforcement agency;

(f) One representative from the property and casualty insurance industry;

(g) One representative of a bank that issues loans for the purchase of motor vehicles;

(h) An owner of an apartment complex that is designated as a private tow-away zone;

(i) One representative of an automobile club;

(j) One representative from an automotive repair shop;

(k) One member of the public.

(2) The members of the council shall be jointly appointed by the speaker of the house of representatives and the president of the senate, subject to approval by the governor. If the governor objects to any member appointed to the council, the speaker of the house of representatives and the president of the senate shall appoint a replacement member. No person may be appointed as a member of the council without approval by the governor.

Of the initial appointments to the council, three members shall be appointed for a term of one year, three members shall be appointed for a term of two years, and three members shall be appointed for a term of three years. Thereafter, all members of the council shall be appointed for a term of three years with each term ending on the same day of the same month as the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member of the council for the remainder of that term.

(B) The council shall hold its initial meeting not less than one hundred eighty days after the effective date of this section. At that meeting, the council shall select from among its members a chairperson and secretary. The council may adopt bylaws governing its proceedings. Six members constitute a quorum. After that initial meeting, the council shall meet at the call of the council chairperson. Members of the council shall serve without compensation but shall receive their reasonable and necessary expenses incurred in the conduct of council business.

(C) The council shall provide advice and recommendations to the general assembly concerning the law that relates to the towing of motor vehicles.

(D) As used in division (A)(1) of this section, "automobile club" means any organization that, in consideration for payment, promises to assist the members of the organization in matters relating to travel and the operation, use, and maintenance of a motor vehicle, and to supply other services including community traffic safety services, travel and touring services, theft or reward services, map services, towing services, emergency road services, bail bond services, legal fee reimbursement services in the defense of traffic offenses, and participation in an accident and sickness or death insurance benefit program.

Sec. 4923.99.  (A)(1) Whoever violates Chapter 4921. or 4923. of the Revised Code is liable to the state for a forfeiture of not more than twenty-five thousand dollars for each day of each violation. The public utilities commission, after providing reasonable notice and the opportunity for a hearing in accordance with the procedural rules adopted under section 4901.13 of the Revised Code, shall assess, by order, a forfeiture upon a person whom the commission determines, by a preponderance of the evidence, committed the violation. In determining the amount of the forfeiture for a violation of division (G) of section 4513.601 of the Revised Code or a rule adopted under section 4921.25 of the Revised Code, the commission shall impose the applicable monetary fine as established in rules adopted under division (B)(10) of section 4921.25 of the Revised Code. In determining the amount of the forfeiture for a violation discovered during a driver or motor-vehicle inspection under section 4923.06 of the Revised Code, the commission shall, to the extent practicable, not act in a manner incompatible with the requirements of the United States department of transportation, and, to the extent practicable, shall utilize a system comparable to the recommended civil-penalty procedure adopted by the commercial vehicle safety alliance. In determining the amount of the forfeiture for a violation discovered during a compliance review of a motor carrier under section 4923.07 of the Revised Code, the commission shall, to the extent practicable, not act in a manner incompatible with the civil-penalty guidelines of the United States department of transportation.

The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a forfeiture assessed under this section. The commission shall account for the forfeitures collected under this section and pay them to the treasurer of state under section 4921.21 of the Revised Code.

(2) The attorney general, upon the written request of the commission, shall bring an action for injunctive relief in the court of common pleas of Franklin county against any person who has violated or is violating any order issued by the commission to secure compliance with any provision of Chapter 4921. or 4923. of the Revised Code. The court of common pleas of Franklin county has jurisdiction to and may grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any such order. The court shall give precedence to such an action over all other cases.

(B) The amount of any forfeiture may be compromised at any time prior to collection of the forfeiture. The commission shall adopt rules governing the manner in which the amount of a forfeiture may be established by agreement prior to the hearing on the forfeiture before the commission.

(C) The proceedings of the commission specified in division (A) of this section are subject to and governed by Chapter 4903. of the Revised Code, except as otherwise specifically provided in this section. The court of appeals of Franklin county has exclusive, original jurisdiction to review, modify, or vacate an order of the commission issued to secure compliance with any provision of Chapter 4921. or 4923. of the Revised Code. The court of appeals shall hear and determine those appeals in the same manner, and under the same standards, as the supreme court hears and determines appeals under Chapter 4903. of the Revised Code. The judgment of the court of appeals is final and conclusive unless reversed, vacated, or modified on appeal. Such appeals may be taken either by the commission or the person to whom the compliance order or forfeiture assessment was issued and shall proceed as in the case of appeals in civil actions as provided in the rules of appellate procedure and Chapter 2505. of the Revised Code.

(D) Section 4903.11 of the Revised Code does not apply to an appeal of an order issued to secure compliance with Chapter 4921. or 4923. of the Revised Code or an order issued under division (A)(1) of this section assessing a forfeiture. Any person to whom any such order is issued who wishes to contest a compliance order, the fact of the violation, or the amount of the forfeiture shall file a notice of appeal, setting forth the order appealed from and the errors complained of, within sixty days after the entry of the order upon the journal of the commission. The notice of appeal shall be served, unless waived, upon the chairperson of the commission or, in the event of the chairperson's absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. An order issued by the commission to secure compliance with Chapter 4921. or 4923. of the Revised Code or an order issued under division (A)(1) of this section assessing a forfeiture shall be reversed, vacated, or modified on appeal if, upon consideration of the record, the court is of the opinion that the order was unlawful or unreasonable.

(E) Only for such violations that constitute violations of the "Hazardous Materials Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or regulations adopted under the act, the commission, in determining liability, shall use the same standard of culpability for civil forfeitures under this section as that set forth for civil penalties under section 12 of the "Hazardous Materials Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1809. The commission shall consider the assessment considerations for civil penalties specified in regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 1801.

Section 2. That existing sections 4513.60, 4513.61, 4513.64, 4921.25, and 4923.99 of the Revised Code are hereby repealed.

Section 3.  (A) The amendment, enactment, and repeal of provisions of the Revised Code by this act relating to fees, proof of ownership, and other conditions that require corresponding provisions to be adopted by rule do not affect the continued operation of statutory provisions, the same as if they had not been amended or enacted, until rules corresponding to those statutory provisions take effect. Revised Code provisions amended or enacted by this act that do not require corresponding provisions to be adopted by rule begin operation on the effective date of this act.

(B) The provisions of this act governing a contract between an owner of property and a towing service with respect to a private tow-away zone are not self executing and depend on the adoption of rules.

(C) The amendment, enactment, and repeal of provisions of the Revised Code by this act shall not be construed to impair any written contract that was entered into prior to the effective date of this act.